KRISHAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 30.5.2016 rendered by the learned Additional Sessions Judge (III), Kangra at Dharamshala, District Kangra, Himachal Pradesh in S.T. No. 2-P/2014, whereby the appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for the commission of offences under Sections 452 and 302 IPC, has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000.00 for the commission of offence under Sec. 302 Penal Code and in default of payment of fine, to further undergo simple imprisonment for two months. He has been further convicted and sentenced to undergo imprisonment for two years and to pay a fine of Rs.2,000.00, for the commission of offence under Section 452 IPC, and, in default of payment of fine, to further undergo simple imprisonment for a period of one month.

(2.) The case of the prosecution, in a nutshell, is that the house of Sunil Kumar (PW-1) was adjacent to the house of Swaroop Chand. He was at home on 10.8.2013 at about 2-2.30 PM, he heard cries from the house of Swaroop Chand. He went to the house of Swaroop Chand. He saw the accused on the spot. Kamlesh and Jasbir had also reached there. Accused tried to run away from the house of Swaroop Chand. Sunil Kumar tried to nab him but the accused pushed him aside and ran away from the spot. Sunil Kumar went inside the room of Kalpana. He saw that Kalpana had been set on fire. She was lying on the floor. Sunil Kumar, Kamlesh and Jasbir asked Kalpana what had happened. She told that accused had poured kerosene oil on her and set her on fire. Kalpana was taken to the link road where Ambulance (108) had reached. Police had also reached the spot. She was taken to the hospital. Medical Officer CHC Thural had also informed the SHO about the incident. On receiving information from Medical Officer, ASI Daya Ram along with HHC Tilak Raj and Constable Rajesh went to the CHC Thural. ASI Daya Ram moved an application Ext. PW-12/A seeking opinion of the Medical Officer, whether Kalpana was fit to give statement. The Medical Officer opined that she was fit to give statement. ASI Daya Ram recorded the statement of Kalpana, in the presence of Medical Officer, CHC Thural. The Medical Officer attested the statement. It was read over to Kalpana. She accepted the contents to be correct and put her thumb impression on the statement. MLC of Kalpana Ext. PW- 12/C was obtained by Daya Ram. Statement of Sunil Kumar was recorded under Sec. 154 Crimial P.C. vide Ext. PW-1/A. Spot was inspected. One Can containing kerosene oil Ext. P7, Dupatta Ext. P2, burnt pieces of clothes Ext. P3 and match box Ext. P5 were recovered vide recovery memo Ext. PW-1/B. Case property was deposited through MHC. On 10.8.2013, at 9 PM, accused was arrested. On 12.8.2013, articles recovered from the spot were sent to RFSL Dharamshala vide receipt Ext. PW-15/A. On the same day, accused got recovered a T-shirt Ext. P9 and Nikker Ext. P10 (Capri) from his house. On 13.8.2013, IO moved an application Ext. PW-20/K for recording statement of Kalpana before a Magistrate and also obtained the opinion of the Medical Officer whether she was fit to make statement. SHO moved an application Ext. PW-8/B to Sub Divisional Officer (Civil) Kangra to record the statement of Kalpana. Thereafter, Tehsildar Nagrota Bagwan, Bal Krishan Chaudhary came to RPGMC Tanda along with Patwari Bir Singh and recorded statement of Kalpana. On 18.8.2013, SHO received information that Kalpana had expired in RPGMC Tanda. Inquest papers were prepared. Post-mortem examination was got conducted. Post-mortem report is Ext. PW- 13/B. Medical Officer, RPGMC Tanda handed over viscera of Kalpana, sample seal and envelope addressed to RFSL Dharamshala. It was handed over to MHC. Case property was sent to the RFSL Dharamshala. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as twenty witnesses to prove its case against the accused. Accused was also examined under Sec. 313 CrPC. He denied the allegations levelled against him. He was convicted and sentenced by the learned trial Court, as noticed herein above. Hence, this appeal.